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TRIAL

OF

WILLIAM W. HOLDEN,

GOVERNOR OF NORTH CAROLINA,

BEFORE THE SENATE OF NORTH CAROLINA,

ON

IMPEACHMENT

BY THE HOUSE OF REPRESENTATIVES

FOR

HIGH CRIMES AND MISDEMEANORS.

PUBLISHED BY ORDER OF THE SENATE.

Vol. I.

RALEIGH:

SENTINEL" PRINTING OFFICE.

1871.

HARVARD COLLEGE

MAR 31 1919
LIBRARY

Bright of end (3 vol)

TRANSACTIONS

OF THE HOUSE OF REPRESENTATIVES,

IN CONNECTION WITH THE

MEASURES OF IMPEACHMENT OF

WILLIAM W. HOLDEN,

GOVERNOR OF NORTH CAROLINA.

Resolution in relation to W. W. Holden, Governor:

Rendred, That William W. Holden, Governor of North Carolina, be impeached of high crimes and misdemeanors in office.

Introduced by Mr. Strudwick, of Orange, and referred to judiciary committee, Dec. 9th, 1970.

REPORT OF JUDICIARY COMMITTEE ON THE RESOLUTION TO IMPEACHI GOV. HOLDEN.

The Judiciary Committee, to whom was referred on the 9th of Dec. inst., the following resolution, namely:

"Resolved, That William W. Holden, Governor of North Carolina, be impeached of high crimes and misdemeanors in office,"

have considered the same and submit the following report:

That William W. Holden, Governor of North Carolina, unmindful of his oath of office did in July last organize, arm and equip a military force not recognized by, but in subversion of, the constitution of the state of North Carolina; which military force, so unlawfully organized, was not kept under subordination to and governed by the civil power, but was by the order of the said William W. Holden, Governor, as aforesaid, made paramcunt to, and subversive of the civil authority. That the said William W. Holden, Governor as aforesaid, did, in the month of July and August last, without lawful warrant and authority, and in defiance and subversion of the constitution, arrest and imprison many of the peaceable and law: abiding citizens of the state, depriving them of their liberties and privileges, and

certain of said citizens, so unlawfully arrested and imprisoned, did cause to be subject to cruel and unusual punishment.

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That the said William W. Holden, Governor as aforesaid, denied to citizens unlawfully restrained of their liberty by his authority, all remedy to enquire into the lawfullness thereof, and in defiance of the constitution, the laws, and the process of the courts, he suspended the privileges of the writ of habeas corpus, claiming that he was governed by a supreme law" whereby he could deny the privileges of the said writ when, in his opinion, the safety of the state required it. In view of the matters Trerein seà forth, combining historical facts with statements contained in public documents, and the records of the public departments and the courts, the undersigned members of the committee, who are a majority thereof, are of the opinion, that William W. Holden, Governor of the state of North Carolina, be impeached of high crimes and misdemeanors. They therefore recommend to the House the adoption of the accompanying resolution :

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Resolved, That William W. Holden, Governor of the state of North Carolina, be impeached of high crimes and misdemeanors in office.

Read and adopted by House of Representatives, December 14th, 1870, and ratified same day by the speaker, T. J. Jarvis.

Resolution to inform the Senate:

Resolved, That a committee of three be appointed to go to the Senate, and at the bar thereof, and in the name of the House of Representatives, and of all the people of the State of North Carolina, to impeach William W. Holden, Governor of the State of North Carolina, of high crimes and misdsmeanors in office, and acquaint the Senate that the House of Representatives will in due time exhibit particular articles of impeachment against him, and make good the same, and that the committee do demand that the Senate do take order for the appearance of said William W. Holden to answer to said impeachment.

Resolved, That a committee of seven be appointed to prepare and report articles of impeachment against William W. Holden, Governor of the State of North Carolina, with power to send for persons, papers, and records, and to take testimony under oath.

Introduced by Mr. Sparrow and adopted Dec. 15th, 1870. Charge of Speaker to committee of information:

HOUSE OF REPRESENTATIVES, Dec. 15th, 1870.

Messrs. Strudwick, Welch and Sparrow :

GENTLEMEN: In accordance with resolutions which have passed this House, a copy of which is hereby handed you, you are hereby appointed to appear at the bar of the Senate in the name of the House of Representatives and all the good people of North Carolina, to impeach William W. Holden, Governor of North Carolina, of high crimes and misdemeanors in office.

(Signed)

THOS. J. JARVIS,
Speaker of House of Rep.

Report of committee of communication made to the House Representatives, Dec. 15th, 1870:

Mr. SPARROW said:

Mr. SPEAKER: In obedience to the order of the House we proceded to the bar of the Senate, and in the name of this body and of all the people of the State of North Carolina, we impeached, as we were directed to do, William W. Holden, Governor of North Carolina, of high crimes and misdemeanors; and we demanded that the Sanate should take order to make him appear before that body to answer for the same, and announced that the House would soon present articles of impeachment, and make good the same. To which the response was, "The Senate has received the message, and will consider the same, and take proper action thereon.

Report of the Committee appointed by the House to prepare articles of impeachment against William W. Holden, Governor of the State of North Carolina for high crimes and misdemeanors. (See Report Dec. 24th, Senate Proceedings.)

Presented Dec. 19th, 1870.

House in Committee of the Whole, Dec. 19th, 1870. Mr. Strudwick in the chair.

Mr. Welch moved that the articles of impeachment be taken up and read seriation. The motion prevailed and Article I was read and adopted. Article 2 was read and announced by

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